Judicial Action Required for Ad Blockers: Court Involvement Suggested
The legal battle between media conglomerate Axel Springer and ad blocker provider Adblock Plus, made by Eyeo GmbH, is currently being heard at Germany's Federal Court of Justice (BGH). This dispute, which has been ongoing for some time, revolves around the use and distribution of Adblock Plus and its impact on copyright law and competition.
In previous rulings in lower courts, Axel Springer had not found success. However, the BGH has now taken up the case, seeking to clarify key legal questions about the legality of ad blocking and the business model of Eyeo.
The BGH's recent ruling on the dispute did not withstand legal scrutiny, according to the Higher Regional Court (OLG) in Hamburg. The highest German civil court found these conclusions based on the findings made in the OLG's ruling. The presiding judge Thomas Koch stated that the OLG had not sufficiently addressed Axel Springer's statements regarding the particularities of a browser.
The issue at hand is whether the ad blocker's modification of the programming of the websites is impermissible and infringes upon the copyright of the publisher. The BGH found inconsistencies in Hamburg's ruling, and Axel Springer is now relying on copyright law in its second attempt with the BGH.
It is important to note that in 2018, Axel Springer lost a competition lawsuit regarding this dispute. However, in a partial victory in Karlsruhe, Axel Springer can continue to pursue its claims for injunctive relief and damages. The BGH ruled that an interference with the copyright protection of a computer program could not be denied.
In contrast, the BGH did not find unfair competition or illegal aggressive business practices in Eyeo's offer in the 2018 case. The findings on the question of whether the underlying code had been interfered with were unclear and inconsistent, according to Judge Koch.
The case is closely watched as it could set important precedents for the digital advertising market and user rights concerning ad blocking software. As of the latest available information, no definitive final ruling has been publicly announced yet from the BGH on this matter, meaning the dispute is still unresolved at the highest level in Germany.
For the absolute latest status or any very recent decision updates, I recommend checking reliable German legal news sources or press releases from the Federal Court of Justice directly, as these types of cases can develop with new rulings or settlements.
- The dispute between Axel Springer and Adblock Plus, centering on the legality of ad blocking and the business model of Eyeo, is currently shaping key technology, finance, and business regulations within Germany's digital advertising market.
- The Higher Regional Court in Hamburg and the Federal Court of Justice (BGH) have been engaged in a legal battle, with the BGH seeking to clarify the legality of ad blocking and its impact on publishers' copyright and competition in the business and technology sectors.
